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The 'best interests of the child' and child custody matters

The 'best interests of the child' and child custody matters

Posted By
Louis P. Winner

When it comes to child custody in Kentucky, residents may have heard the
phrase "best interests of the child," used frequently. Indeed,
when it comes to making child custody decisions, the courts will look
primarily at what the child's best interests are. What does this mean?

While the laws vary between states, in general there are a number of factors
that go into determining what the child's best interests are. For
example, if a child is of a sufficient age and maturity level to let his
or her wishes be known, that may be taken into account. In addition, how
old the child is and the child's gender may also be considered.

Each parent's health, both physical and emotional, may also be considered.
Some children have special needs. If this is the case, those needs may
also be taken into account, particularly with regards to each parent's
ability to meet those needs.

Another factor that may be considered is the child's religious and
cultural practices. Children thrive on stability, particularly when it
comes to divorce. Each parent's ability to provide a stable home environment
may be considered. This includes taking into account the other children
and relatives the child may live with. In fact, each parent's ability
to give the child the opportunity to interact with extended family may
also be considered. The child's ability to adjust to a new school
and neighborhood are taken into account, if that is the case.

The child's safety is also important. Instances indicating a pattern
of domestic abuse may be considered. If a parent is emotionally abusive
or uses excessive discipline, this may play a role in the custody determination.
If the parent abuses drugs or alcohol, this may also be taken into account.

These are only some general factors that courts may consider when making
child custody decisions based on the best interests of the child. A Kentucky
divorce attorney can educate parents further on how the best interests
of the child will be determined in Kentucky
child custody matters.